Propst v. Fisher
Supreme Court of North Carolina
Evidence— Witness. This was a civil ACTION tried before Philips,. J., at April Term, 1889, of Cabaiírus Superior Court. The substance of the complaint is as follows: The plaintiff alleged that, in 1883, the defendant Harris and wife executed to him a mortgage upon certain lands; that, in 1884, the defendant J. S. Fisher purchased the equity of redemption, and, in order to perfect his title, it was agreed that plaintiff should sell the land by virtue of the power vested in…
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Evidence— Witness. This was a civil ACTION tried before Philips,. J., at April Term, 1889, of Cabaiírus Superior Court. The substance of the complaint is as follows: The plaintiff alleged that, in 1883, the defendant Harris and wife executed to him a mortgage upon certain lands; that, in 1884, the defendant J. S. Fisher purchased the equity of redemption, and, in order to perfect his title, it was agreed that plaintiff should sell the land by virtue of the power vested in him by the mortgage; that said Fisher was to bid off the land at the sum of $3,660, the amount due upon the mortgage; that…
1Opinion of the CourtShepherd, J.
— after stating the case:
1. We are unable to appreciate the objection of the defendants to the issues which his Honor submitted to the jury. They fairly presented the questions raised upon the pleadings, and we are, therefore, of the opinion that the exceptions of the defendants, in this respect, are without merit.
2. Neither can we find any error in the admission of the mortgage executed by Harris and wife to the plaintiff, and the deed conveying their equity of redemption to Fisher. The mortgage was an essential part of the plaintiff’s case, as it was under that instrument alone that he…
2Cited by7 opinions
- Swingley v. DanielsWashington Supreme Court · 1923
- Hall v. HollomanSupreme Court of North Carolina · 1904
- Whitley v. ColtraneCourt of Appeals of North Carolina · 1983
- Matter of Will of SimmonsCourt of Appeals of North Carolina · 1979
- Hall v. . HollomanSupreme Court of North Carolina · 1904
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